SALT LAKE CITY A summer of protests highlighting the First Amendments protection of free speech has culminated in a movement highlighting the Second Amendments protection of the right to bear arms.
Members of Utah Citizens United have begun showing up at protests against police brutality carrying semi-automatic rifles.
Critics said that has a chilling effect on the freedom of speech.
So what happens when those two constitutionally protected rights seem to conflict with one another?
As the KSL Investigators learned, legal precedent has some catching up to do.
Provo native Casey Robertson formed Utah Citizens Alarm after a protest in his hometown on June 29 ended in a shooting when a protester opened fire at a driver whose vehicle was being blocked at an intersection.
It hit home that the violence is now here, Robertson explained.
That is when he took to Facebook and put out the call for support.
Who wants to come down there with me and show em were not going to put up with violence in our town, he said about his Facebook post.
Members of UCA have since attended rallies across Utah, oftentimes wearing military fatigues, tactical gear and carrying AR-15 style rifles. Many also wear face coverings, making them unidentifiable.
They show up to protests, Robertson said, to show solidarity with law enforcement.
We back law enforcement 100% as a group and they appreciate that because law enforcement is getting a horrible, terrible name right now, Robertson said. Were simply there to be eyes and ears for the police and just be a deterrent for violence. Thats it.
When asked if he encourages members of his group to come armed to protests, Robertson said, We encourage people to be aware of the laws and follow them closely.
Im not sorry if were intimidating. Im not. Utah citizens want to be intimidating. We dont want violence here in Utah. We do not want chaos and anarchy, Robertson continued.
While violence and property damage have occurred, of the dozens of protests that have taken place in Utah this summer, most have been peaceful.
While Robertson and his members argue their presence at protests absolutely deters violence, property damage and destruction, activists like Josianne Petit believe what UCAs presence really deters is people from exercising their First Amendment right to protest.
Petit started an organization for parents of black children called Mama and Papa Panthers. She has used her voice to speak out at many protests this summer.
They say theyre there to keep the peace. Well, the way my group and like groups have shown that were here for non-violent protests is we dont bring enough ammo to take out a small village, Petit said. They are weapons of war. They are not made to disarm or disable an opponent.
Petit is passionate and outspoken about the need for police reform and the need to end police brutality. She is demanding change and knows doing so is her First Amendment right.
Were just asking for the same treatment when we engage with police officers as white people have come to expect, Petit said. Its the cause of liberation.
She said the presence of heavily armed, masked men and women at largely non-violent protests has resulted in serious fear. In some cases, the concern for protesters personal safety is so concerning, she said, they are shying away from exercising their First Amendment right.
Their tactic is working, right? Its silencing the vast majority of black voices here in Utah, Petit said.
Shes equally worried about another intimidation tactic she said is employed by members of UCA.
They have made a point of stalking us at every single event that we hold, she said. They just monitor our Facebook page and if we say were going to an event, they show up.
Robertson admitted that as his group grows, its expanding focusing on intelligence gathering.
We have quite a few people that have stepped up and that have created false accounts where we can infiltrate some of their conversations and some of their planning and groups, Robertson said.
The KSL Investigators went to Jess Anderson, commissioner of the Utah Department of Public Safety, to get his perspective on UCA and similar groups.
We appreciate their support for law enforcement, Anderson said specifically about Utah Citizens Alarm, However, its not done with the proper training. Its not done with a proper perspective or understanding.
He made it clear: when it comes to law enforcements interactions with UCA and groups like it, there is no working relationship.
Listen, we didnt request you. Youre not the backup to the police, Anderson explained. Theyve been respectful of that so far, but it causes concern to the law enforcement community just because it puts us in a very peculiar situation, knowing and understanding that if something were to happen, guess whos caught right in the middle of this? Its now the police [who] have an armed standoff.
As for UCAs aim of intelligence gathering, Anderson said, We, in the policing world, have all of our access to good intelligence, to which we are using in a most respectful way.
At what point do intimidation tactics cross the line and infringe on protesters Constitutional rights? University of Utah law professor RonNell Andersen Jones said theres little clear legal precedent.
Certainly the Supreme Court has recognized that if someone engages in a behavior that rises to the level of being what the court calls a true threat, then it loses its First Amendment protection and your capacity to express yourself with a weapon in your hand changes. You dont have the ability to continue to invoke Constitutional protection and the government can regulate you from threatening other people in that way.
However, the courts have not decided if a large number of firearms at a public protest rises to the level of a true threat.
The bare existence of the firearm on their person under Utah State law isnt necessarily a threat against another person. Its an exercise of the open carry right, said Jones. Were still waiting for jurisprudence from the United States Supreme Court that helps us to understand the boundaries of firearms in public.
Case law may not be far away.
There are lots of test cases that seem to be emerging all across the country as the Black Lives Matter movement and other protest movements are generating these conflicts on a scale that we havent seen before, said Jones.
Its actually, in some respects, quite remarkable that weve had since 1790, to have some of these conflicts emerge and havent had the chance to sort of tussle with them, she said. But its also a uniquely modern problem with modern firearms and with modern protest movements. And so sometimes it takes time for the Constitution to catch up with the problems that we face in the real world.
Casey Robertson said his group believes in the right to peacefully assemble and peacefully protest.
We dont exist to show up at protests, said Robertson. However, weve seen that these protests tend to get violent and Antifa is working through these protest groups to get their point across which is disruption and anarchy.
Antifa short for anti-fascists is a political group with no leader and no clear organization. Their ideology embraces violence as a tool to combat far-right extremists and white nationalist groups.
And its who Robertson believes is the real enemy of America.
Anderson, however, said Antifa is currently no cause for concern in Utah.
As far as identifying who those somewhat terrorist groups are, or otherwise really anarchistic groups, we do keep a close watch on that, Anderson said. By and large, we do not see that being an issue or a problem to the point where its causing us complete panic or concern.
Less than two months after Robertson created the Utah Citizens Alarm page on Facebook, it had attracted nearly 20,000 members.
Facebook shut down the page on Aug. 19, along with nearly 1,000 other accounts. The social networking company said the move was aimed at limiting violent rhetoric tied to anarchists, political militias and followers of the Q-Anon conspiracy theory.
According to NBC News, Facebooks policy states, Pages, Groups and Instagram accounts associated with these movements and organizations will be removed when they discuss potential violence.
Robertson said that will not deter his members. They created a website to continue operations online.
UCA is still here. We are still strong. This Facebook thing in no way will affect the momentum that we have created, Robertson said in a video posted on Monday.
Robertson said he is working on more formally organizing the group by providing members with training and legal support.
He also said UCA is more thoroughly vetting its members and hopes to change their image.
As weve grown, weve realized that an AR may not be the best thing to be carrying in a situation like that, Robertson said.
Visit link:
KSL Investigates: Does armed protest have a chilling effect on free speech? - KSL.com
- University round table examines challenges to free speech [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- University of Worcester fares well in free speech study [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- A line beyond which one may not go [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Councillor accused of stifling free speech after making complaint against counterparts social media use [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- The French Debate: Free Speech Versus Hate Speech [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Church of England removing vicars right to free speech? - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- FREE SPEECH ZONE s08e06 (2-7-15) - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Charlie Hebdo/The Interview: Free Speech: Free to Murder? - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Free Speech & Liberty Pizza House opening comment 2015 - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- 2015=02-01 Limits of Free Speech - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Health Free Speech Petition and Litigation - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Putin Popularity Rating: Russian President's 80% approval rating may stem from free speech violation - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Steven Pinker's "Why free speech is fundamental" - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- "Islam & Free Speech" - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Free Speech and the Battle for Western Culture - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- (UPDATED) CAIR Officials Nationwide Condemn Charlie Hebdo Attack, Defend Free Speech - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- The Koch Brothers and $889 million free speech dollars - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Mark Zuckerberg Reverses Decision On Free Speech - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Rick Perry: Court ruling imposes chilling effect on free speech - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- TAVIS SMILEY | FREE SPEECH IN AMERICA | January 26-27, 2015 - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Lord Jamar: USA's Only About Free Speech When It's Convenient - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Free Speech vs Politically Correct (Liberal Hypocrisy) - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Sharif Nashashibi, Suzanne Nossel, Munir Pervaiz Saami discusses free speech - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- FREE SPEECH ZONE s08e04 (1-24-15) - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Do I Think #6: Voting, Free Speech & #GamerGate - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Chris Hedges: Roots of Terrorism, Free Speech Hypocrisy & Translating #JeSuisCharlie - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Q&A Banning Haters: What About Free Speech? - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Putin's grip on free speech - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Why Saudi Arabia Is Flogging A Free Speech Activist - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Islamists Deny Media Access at At Muslim Free Speech Conference - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Metallica- Free Speech For The Dumb - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- 1st Peoples, Palestine, and the Crushing of Free Speech - Steven Salaita - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Free Speech Hypocrisy In France - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Pope clarifies position on free speech - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Muslim response to Charlie Hebdo Attack - Free speech or insult? - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Charlie Hebdo, double standards and free speech - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Gays, Islam, Free Speech - Tony Perkins, Bill Maher & MORE! LiberalViewer Sunday Clip Round-Up 91 - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Free Speech: Mercury is Speech, Venus is Values - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- The Pope Supports "Free Speech" (sort of) - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Ring of Fire on Free Speech TV - 01/18/2015 (FULL EPISODE) - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Mad about free speech and North Korea? Hack back, says group [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- Ring of Fire on Free Speech TV - 02/08/2015 (FULL EPISODE) - Video [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- Ring of Fire on Free Speech TV - 02/01/2015 (FULL EPISODE) - Video [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- MP George Galloway on Free Speech Charlatans & Austin Powers Foreign Policy in Syria - Video [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- Limited Free Speech Isn't Free Speech - Video [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- Volokh Conspiracy: Murder at Copenhagen debate on free speech attended by Swedish Muhammad cartoonist [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- One dead after shooting at free speech event in Denmark featuring controversial artist [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Gunman kills 1 in attack on free speech event in Denmark [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Deadly shooting at Copenhagen free speech event [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Are Students Free to Speak Their Mind? Well at Southampton, yes. [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Shooting targets free speech event in Denmark, killing one [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Police: 1 dead in shooting at Copenhagen free speech event [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- The Heat debates free speech and assembly in France - Video [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Detroit's Campus Martius: Banning Free Speech in Public Space - Video [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Dr William Lane Craig: The Moral Argument (Proof of God) - Video [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Did Pope Francis Preach Violence? - Video [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Danish police kill gunman believed behind 2 shootings [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Danish shooter had gangland past [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Free speech in Britain: Police tracking people who bought ... [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Copenhagen shooting: Free speech seminar attacked - Video [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Professor Advocates Violence Against White Racist - Video [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Muslim Coward Attempts to Murder Swedish Artist - Video [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Srsly Wrong - 41 - Free Speech Zone, Act 1 - Video [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Free Speech and Charming Ignorance - Video [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Police say Copenhagen gunman had criminal record, gang past [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Police say Copenhagen gunman had criminal record and gang past [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- U.S. Funds The Terrorist To Take Our Freedoms - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- First Copenhagen shooting victim identified as film maker - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Danes react to two fatal shootings - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Danish police doing forensic investigation after islamic terrorist was shot dead, 15/2-2015 - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Denmark: See BULLET-RIDDLED scene of first Copenhagen shooting - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Animatrix - Humans vs Machines HD - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- RickWells.us - General Jerry Boykin on UN Attempt To Prohibit Free Speech Regarding Islam - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Copenhagen Krudttnden Cafe Street View - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Muhammad Cartoonist Targeted! TSA Active Shooter VIDEO, The "Digital Dark Age" and more #TMS - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Copenhagen free speech debate shooting: One dead - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Germany: Copenhagen attacks, Ukraine ceasefire on Merkel's agenda - Video [Last Updated On: February 17th, 2015] [Originally Added On: February 17th, 2015]
- Copenhagen Denmark Shooting - Lars Vilks - Calling Cards Of Hoax Fake Crap - Video [Last Updated On: February 17th, 2015] [Originally Added On: February 17th, 2015]
- Danish prime minister visits - Video [Last Updated On: February 17th, 2015] [Originally Added On: February 17th, 2015]
- Second Person Dead In Separate Suspected Terror Shootings In Copenhagen - Video [Last Updated On: February 17th, 2015] [Originally Added On: February 17th, 2015]